Landlord's Nonpayment Case Improperly Dismissed

LVT Number: 13132

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand asked for rent going back too far. The court ruled for tenant and dismissed the case. Landlord appealed and won. Whether landlord's demand asked for rent going back too far was a fact question requiring a trial. And even if a portion of landlord's claim was for back rent going back too far, landlord should still have been allowed to get a possessory judgment for relatively current unpaid rent and a money judgment for the rest. The case was sent back to the lower court for a trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand asked for rent going back too far. The court ruled for tenant and dismissed the case. Landlord appealed and won. Whether landlord's demand asked for rent going back too far was a fact question requiring a trial. And even if a portion of landlord's claim was for back rent going back too far, landlord should still have been allowed to get a possessory judgment for relatively current unpaid rent and a money judgment for the rest. The case was sent back to the lower court for a trial.

55th Mgmt. Corp. v. Goldman: NYLJ, p. 29, col. 1 (3/31/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)